ISLAMABAD: The Supreme Court has formed an eight-member bench to hear Prime Minister Yousaf Raza Gilani’s appeal against contempt charges.
The bench will be headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry and will hear the plea on Thursday (tomorrow). Justice Shakirullah Jan is also part of the bench.
Earlier on Wednesday, the prime minister filed an appeal through his lawyer in the Supreme Court against the contempt charges.
Aitzaz had earlier, after the last hearing of the case, told the media that he would advise the prime minister to file an appeal.
"An appeal has been filed. It has been received in the court," a senior official at the Supreme Court told AFP on condition of anonymity.
The 200-page appeal pointed out 53 legal and constitutional points which emphasise that the prime minister did not go against the Constitution by not writing a letter.
It also said that the court cannot question the prime minister's responsibilities according to the Article 248 of the Constitution.
Barrister Ahsan said he based the appeal on precedents set by top courts in Australia, Britain, France, India and the United States.
"I have filed an appeal today. I have quoted more than 50 national and international cases and given specific reasons against the Supreme Court order," Ahsan told reporters.
He further said that there was no need for the premier to appear before the court as, according to the contempt of court law, a new bench needs to be formed after an appeal is filed.
“A respondent has 30 days to file an appeal against the court’s decision. I asked for 30 days, but the bench only gave me 11 days… We have tried to file the appeal as soon as possible so that a larger bench – larger than the current one – can be formed,” said Ahsan while talking to the media outside the court.
“Excluding the judges that are currently hearing the case, there are nine judges who can form a new bench for the hearing of the case… The new bench will definitely include Chief Justice Iftikhar Muhammad Chaudhry,” he added.
Ahsan had several times stated that he will not appear before the chief justice in the hearing of any case, but during the press conference today, he agreed to appear before the CJ.
The lawyer added: “My objection is that the court in its order on February 2 cited no specific reasons for initiating contempt of court proceedings against the prime minister.”
The seven-member bench, headed by Justice Nasirul Mulk, had concluded its preliminary hearings on February 2 and had decided that it has sufficient cause to summon Prime Minister Gilani once again and frame contempt of court charges against him.
The prime minister agreed to appear personally before the court on February 13 for the second time in this case.
"It depends on the court to stay the proceedings and decide against summoning the prime minister on February 13," Ahsan said.
If convicted of contempt, the prime minister could be jailed for up to six months and disqualified from public office.
Legal experts say that Gilani can only avoid being charged by appealing, apologising or promising to write to the Swiss.
COMMENTS (39)
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Being a lawyer myself,Mr Aitzaz Ahsan was my idol but now he is not because he has taken the case of that man who has dragged this country 100 years back.Aitzaz Ahsan you have lost your one fan.
The Apex court will do the justice.The mujrim should be punished and his followers too.Do not they know the top Apex court is watching them and waiting their arrival.
If the Prime Minister is convicted in contempt case it will be disastor towards political integrity of the country. It is not merely a legal case it will have serious political repercussions; for the sake of the Country the manoeuvre to oust the Premier ought to be avoided. The order of the court to indict the Prime Minister is premature, inasmuch as the President who is going to be influenced by the writing of the letter has never been made party to the proceedings, that means, he is being condemned unheard. The order to be carried out is always qualified to be legal, writing of the letter is contrary to the very spirit of Article 248 which entitles the President an unqulified immunity regarding criminal proceedings against him. the question of immunity has not been interpreted or decided so far The Prime minster can be removed only by passing of a resolution of vote of no confidence following the provisions of article 95 of the constitution. Sacking of a prime minster through contempt proceedings will make the office of prime minister meaningless and subject to ercy of the court.
A simle case of putting $ 60 Million from National Exchequer in the pocket of Zardari, Zardari govt has put so much more from national exchaquer.If case is not in Zardari favor would he pay for the court time and national productivity wasted due to all this
@Shahid Gondal: I agree with you but with a bit of modification. Judges are supposed to be completely neutral not the lawyers. Lawers are a party to the case but judges are neutral having no connection with either prosecution or defence. If there is any doubt about that it is the judge who should excuse himself from the bench not the lawyer. It is like if PM or his lawyer is related to a judge, they would not surrender their case but the relative should excuse himself. I hope you do not take it in good spirit. Thanks and regards, Mirza
Conflict of interest? How can Aitizaz appear before the Chief Justice? Surely some level of independence should have been voluntarily maintained after running the campaign for the CJs restoration.
Well actually if you look at all the successful countries they spend millions of pounds and solve cases from even 100 years back! So this is only 15 years and it is matter of the tax payers money! Forget the 8500 billion rupees of corruption done now if we can't even get one rupees back from the Swiss accounts. If this is what the people of pakistan want then sadly I have to say Pakistan is not far from being a failed state because another tenure of crooks and criminals will destroy Pakistan's defenses and end rule of law.
In a country with so much trouble it is illogical to bring the system to it's knees for a fifteen year old case Who's interst is this serving ?? Was zardai right in not restoring the judiciary in the first place
People who are saying wait for swiss courts letter to be written when zardari is no longer president then the entire qaum can wait for another 7 years of Zardari rule and 8500 billion rupees of more corruption! What are you talking about? please don't be so naive and understand if he is not forcefully removed by the power of the people who should stand behind justice and come out, he will remain president for another term until his children are ready to take over the monarchy! please don't be so naive and come to realise the facts! These are the facts!
It's good development. The rule of law must prevail and procedures must be followed and conventions have to be respected and you can not take away rights of an accused to defend himself properly and to satisfy the legal requirements to be proved guilty and enjoy the presumption of innocence until proved otherwise. Aitaza Ahsan rendered a great service to the judiciary by resisting bullying tactics of some in the bench allowing themselves the power they just don't have.
If the elected prime minister can be called ‘dishonest’, then sceptics can remind us of the Raymond Davis affair where the judiciary’s role left many questions unanswered. The souls of Wali Khan Babar and Saleem Shahzad also clamour for justice. The judiciary is under oath to be the guardian of fundamental rights of all citizens but hundreds of missing persons in Balochistan are losing their right to life with no major tremors caused at the Constitution Avenue of Islamabad. Sceptics can argue that whatever judiciary had earned by pressurising the government to write a letter to the Swiss court has been blotted by its judicial activism in the case of another letter written by a shadowy character.
In France President Chirac was recently sentenced on corruption charges when he was Mayor of Paris. The court didn't cut short this Presidential tenure. Why can't we wait? Zardari was under trial during Nawaz Sharif and Musharaaf era. He can be again on trial when he is not President. The core issue here is not Swiss accounts. When 58-2B was revoked under Nawaz Sharif's 2/3rd Parliament Farooq Leghari and other establishment mouth pieces said it will open the flood gate for martial laws. This essentially means to block martial Army needs an access to President house to send the gov back as they did 3 times through GIK and Legahri. When that access is blocked as in case of Rafiq Tarad and now Zardari GHQ can't arm twist civilian authority as they used to. And mashallah our judges are always there to serve Generals. Where are the contempt of court notices for Generals ?
The PCO SC is quick to take and hear the cases against the elected govt. However they do not show much progress and interest in cases like Abbottabad, Mehran Base, Asghar Khan, disappearing Baloch youth, to name a few. Once they fail like in Memogate all the urgency and interst disappears all of a sudden!
Everybody Knows Gillani has attempted contempt of court......Now he wants to become a Political Shaheed....:):)
@Saad: It's so hard to believe how even the simplest Article written in plain English that a 5th grader can be absolutely sure about what it means, is considered open to interpretation by some people including our most learned judges. Only in Pakistan.
Aitazaz, your should try to save your country except your client. You're doing the worst of what you can do. You're selling your respect. Please think again about it.
@Saad: Dear the Court is supposed to decide cases on the basis of Law and not on politics. It is sad that Government has politicised the court's judgements by criticizing and accusing judges. The judges are not feeling egoistic but it is the Law which should be respected and followed by the executive.
@Aftab keeneth Wilson: Yes I hope so because Judiciary also acknowledges the fact these rules need a Martyrdom to contest next elections after a pathetic tenure.
AitzazAhsan's job is not to keep Gilani out of jail for contempt of court, but simply DRAG this case, using every trick in the book, as long as possible . So that this issue becomes time barred in a Swiss court.
I can bet that this bench headed by CJ sahib will be able to find some middle ground so that both SC and Executive feel satisfied. Barrister Aitzaz will first time come face to face with CJ Remember this is the same lawyer who fought both on streets and court for the present CJ. "Aap ko bhool jaen hum - Itnay to bewafa naheeN".
it's better to watch Humsafar instead of wasting time on this topi drama
@Madiha R.: and respected SC has, inadvertantly, seems to be behaving likewise.
@SAJ: day dreaming is not prohibited,
This is like poking someone in the eye with a stick and when asked why you did it, you reply ' no I did not, the stick did it, ask the stick '. The supreme court is being made to look ridiculous.
Represented in court by none other than the Devil's Advocate!
Crime Minister of Kleptocracy, headed by Co-chairman of the Persistently Pilfering Party
in Pakistani politics if u have not been to jail u are not fit for the job. Its not seen as a disgrace but a certification......ridiculous.
A sad day for Pakistan. An egoistic Supreme Court is out to do establishments bidding once more.
The government is doing well to avoid confrontation and following the rule of law even though the other party is clearly disinterested in doing so.
@Ahmer Ali: Are you crazy to ask the PM to be in jail? You know what jail is? God forbid. Let this charismatic PM complete his term, fist PM who has not intervened in any rights and is going to complete the term. It was Benazir initially, but then president showed his very charisma. Think legally, jails or gaols are not the adornments to be worn proudly as a nation.
Right to appeal is the basis of justice. Since when an appeal has become such a hateful act for some? They are following the SC by appealing to it not going against it. Why should they not pursue all legal options in the SC? Since when it has become so bad to go to SC?
I agree with Madiha
I beleive the legal persons can betterly comment on the process, however, am not clear why the matter went to such a stage. Ego of the Judges or the Government? will some one let me know.
I firmly beleive that Aitzaz Ahsan will not gain anything out of it, except time. The decision has already been made by either side. One will insist on letter and other is not in a mood to comply, "come what may".
Very well and impressive Mr. PM Gillani.You have already said in your statement that if Supreme Court sent me to jail I will go and you also said that I shall obey the Supreme Court's orders and I have also sent to jail for democracy and Firdous Aashiq Awan said that we always accepted and obeyed Supreme Court's decisions and your supporters especially Aitzaz Ehsan said that if PM Gillani is sent to jail he will be still PM,will not be disqualified and can run the government from the jail.Few days ago you said that if I am PM or not doesn't matter but I will remain Gaddi-nasheen and Gaddi-nasheeni is more important than PM's post.Then now face the Supreme Court's decision instead of appealing or are you afraid of going to jail now because now you have been used to the luxuries and facilities of VVIP protocols and life styles?
Aitazaz Ahsan loosing respect after he decided to take this case.. He is going to any extent to save his client, for the fact he knows Gillani has attempted contempt of court.
How ridiculously funny is Pakistan's politics!
Barrister Aitzaz Ahsan is trying his best to save PM Gilani but it seems that despite all efforts charged will be framed against the PM.
Had this been not the case, PM Gilani would have not been called in the SC, not once but twice.
PM Gilani has already made up his mind that whether he completes his term as PM or not, but the parliament will complete its term.
PM Gilani has all the right to defend his case, but if he is indicted by the SC, he will be the first serving PM of Pakistan to step down after his indiction.